Smt Pinki Rajpurohit vs Shyam Sunder Rajpurohit … on 10 April, 2026

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    Rajasthan High Court – Jodhpur

    Smt Pinki Rajpurohit vs Shyam Sunder Rajpurohit … on 10 April, 2026

    Author: Rekha Borana

    Bench: Rekha Borana

    [2026:RJ-JD:16930]
    
    
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                 S.B. Civil Transfer Application No. 153/2025
    
    Smt Pinki Rajpurohit W/o Shri Shyam Sunder Rajpurohit, Aged
    About 27 Years, D/o Shri Dhansingh Rajpurohit R/o Near Nagana
    Temple Village Deriya Tehsil Panchpadra District Barmer
                                                                       ----Petitioner
                                        Versus
    Shyam Sunder Rajpurohit S/o Pratap Rajpurohit, R/o Village
    Kishnasar Tehsil District Bikaner
                                                                     ----Respondent
    
    
    
    For Petitioner(s)         :     Mr. Vikas K. Bishnoi
    For Respondent(s)         :     Mr. Dilip Singh Baghela
    
    
    
                  HON'BLE MS. JUSTICE REKHA BORANA
    
                                         Order
    
    10/04/2026
    
    1.    The present transfer petition has been filed with a request
    
    for transferring Case No.268/2021 (Shyam Sunder Vs. Pinki
    
    Rajpurohit) under Section 13 of the Hindu Marriage Act, 1955
    
    (hereinafter referred to as 'the Act of 1955') pending before
    
    Family Court No.2, Bikaner to Family Court, Balotra.
    
    2.    It has been submitted that the petitioner is residing at
    
    Barmer with her father and would face serious hardship if she is
    
    required to travel to Bikaner on each date of hearing. Further, the
    
    criminal proceedings pending qua the FIR as lodged by her are
    
    also pending at Pachpadra/Balotra.
    
    3.    It has further been averred that earlier, the respondent
    
    obtained an exparte decree of divorce by manipulating the service
    
    of notice on the petitioner. However, the said decree stood set
    
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    aside on application under Order 9 Rule 13, CPC filed by the
    
    petitioner been allowed vide order dated 23.04.2025.
    
    4.    Per contra, Counsel for the respondent submits that the
    
    mother of the respondent is suffering with cancer and hence, it is
    
    the respondent who would be suffering comparative hardship in
    
    travelling from Bikaner to Balotra.
    
    5.    Heard the counsels. Perused the record.
    
    6.    It is a well-settled proposition of law that in matrimonial
    
    matters generally, it is the wife's convenience which must be
    
    looked at while considering the plea of transfer. In N.C.V.
    
    Aishwarya Vs. A.S. Saravana Karthik Sha, (2022 INSC
    
    1310) (decided on 18.07.2022), the Hon'ble Apex Court held as
    
    under:
    
          "9. The cardinal principle for exercise of power under
          Section 24 of the Code of Civil Procedure is that the
          ends of justice should demand the transfer of the suit,
          appeal or other proceeding. In matrimonial matters,
          wherever Courts are called upon to consider the plea
          of transfer, the Courts have to take into consideration
          the economic soundness of both the parties, the social
          strata of the spouses and their behavioural pattern,
          their standard of life prior to the marriage and
          subsequent thereto and the circumstances of both the
          parties in eking out their livelihood and under whose
          protective umbrella they are seeking their sustenance
          to   life.     Given    the      prevailing          socio-economic
          paradigm in the Indian society, generally, it is
          the wife's convenience which must be looked at
          while considering transfer."
    
    
    
    
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    7.    So far as the fact of the respondent's mother suffering from
    
    any disease is concerned, neither any reply to the present petition
    
    has been filed nor any document to substantiate the averment has
    
    been placed on record. Further, perusal of order dated 23.04.2025
    
    passed by Family Court on application under Order 9 Rule 13, CPC
    
    as filed by the petitioner reflects that despite the petitioner
    
    residing with the respondent at her matrimonial house at that
    
    point of time, the petition under Section 13 of the Act of 1955 was
    
    filed and even got decreed ex parte.
    
    8.    In that view of the matter, the petition pending at Bikaner
    
    deserves to be transferred to the place where the petitioner is
    
    residing. The same is also essential in view of the fact that she is
    
    an unemployed person financially dependent on her father.
    
    Hon'ble the Apex Court in the case of Vaishali Shridhar Jagtap
    
    vs. Shridhar Vishwanath Jagtap, (2016 INSC 504) held as
    
    under:
              "3. According to the Appellant, her mother is
              aged and it is difficult for her mother to
              accompany the Appellant for her travel to
              Mumbai. It is also stated that there are three
              criminal cases-one for maintenance, the second
              under the Prevention of Domestic Violence Act,
              2005 and the third Under Section 498A of The
              Indian Penal Code, 1860 and other related
              provisions, pending at Barshi, and one on the
              civil side for restitution
              ....
    

    5. Admittedly, the distance between Mumbai
    and Barshi is around 400 kilometres. Four cases
    between the parties are pending at Barshi.
    Apparently, the comparative hardship is more

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    SPONSORED

    to the appellant-wife. This aspect of the matter,
    unfortunately, the High Court has missed to
    take note of.”

    9. In view of the submissions made and in view of the settled

    position of law, the present application deserves to be and is

    hereby allowed. Civil Misc. Case No.268/2021 (Shyam Sunder Vs.

    Pinki Rajpurohit) pending before Family Court No.2, Bikaner is

    directed to be transferred to Family Court, Balotra.

    10. Needless to observe that if any application is filed by the

    respondent-husband with a request to permit him to appear

    through Video Conferencing, the learned Court shall be at liberty

    to decide the same keeping into consideration the fact whether

    the physical appearance of the respondent is essential on the said

    date.

    11. Family Court No.2, Bikaner is directed to send the complete

    file/record of Civil Misc. Case No.268/2021 (Shyam Sunder Vs.

    Pinki Rajpurohit) to Family Court, Balotra within a period of two

    weeks from the receipt of the certified copy of the present order

    while fixing the next date in the matter for appearance before the

    Court at Balotra.

    12. The petitioner as well as the respondent shall remain present

    before Family Court, Balotra on the date as fixed and the Court at

    Balotra shall not be under an obligation to issue fresh notices to

    any of the parties as the present order is being passed in presence

    of Counsel for both the parties.

    13. Let a certified copy of the present order be sent forthwith

    each to Family Court No.2, Bikaner and Family Court, Balotra.

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    14. Stay petition and pending applications, if any, stand

    disposed of.

    (REKHA BORANA),J
    204-Arvind/-

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